Quote:
Originally Posted by hockeycop
Mere suspicion would not constitute legal grounds for a more thorough frisk search, however the police are given more leeway in the courts in searching for reasons of Officer Safety.
You are correct about points 3 and 4, however it is best practice for the security guard to let those elements come into place. Security Guards are a liability to a prosecution when challenged to articulate anything.
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Although current detention and related search foundations are still evolving and case law is still be written and challenged, it is just as important to not write poor case law.
Police may be given more "leeway", but, at the same time, they are held to a much higher standard and as such judges are much more apt to throw out evidence yielded from a search from simple detention (not arrest) citing that the police know the law and were clearly searching for evidence (sorry, long sentence).